Using your cell phone while driving can be expensive. There are restrictions on how you can use your mobile device.
1. Mobile phone while driving: Is it allowed to use the phone while driving?
Most questions about using a cell phone while driving are regulated by Section 23 Paragraph 1a of the Road Traffic Act (StVO). This paragraph describes the use of electronic devices while driving. The regulation is intended to minimize driver distraction in order to increase road safety. There is not much room for maneuver here.
- Anyone behind the wheel of a vehicle is not allowed to use a telephone or smartphone. This of course also includes making phone calls. As soon as you pick up the mobile phone and hold it to your ear, you can expect to be fined.
- An exception is if you are in an emergency situation, for example after an accident. Or if you become ill while driving or are no longer able to brake. In these cases, you are allowed to pick up your mobile phone and make a call while driving. However, in this case you must be able to prove that it was absolutely necessary to make the emergency call while driving.
- The regulation also includes smartphones, tablets, navigation devices and similar devices. However, passing the cell phone on to the passenger is permitted.
2. Am I on the safe side with a hands-free device?
As a rule, you are allowed to use a hands-free device to make phone calls while driving. However, even in this case, you must strictly adhere to the legal requirements.
- You are not breaking any law by using a hands-free device. However, you are not allowed to pick up your cell phone. It must always remain in the holder while driving.
- Use the voice control on your smartphone to answer incoming calls. The device must not be held in this case either. It is usually operated using voice commands or minimal eye contact.
- Nothing should distract you from your attention on the road. Even a few seconds of distraction significantly reduces the driver's ability to react and their attention. Accident researchers such as the UDV have investigated this in several studies.
3. Can I use my mobile phone at traffic lights or railway crossings?
Using your cell phone at traffic lights or railway crossings is generally not permitted as long as the vehicle's engine is still running. The vehicle is also considered to be driving at red lights or closed railway crossings if the engine is still running.
- Basically, the use of mobile phones also applies at red lights, in traffic jams or at a railway crossing. You are not allowed to simply pick up the mobile phone and use it to make a call.
- There is an exception, however, if you have turned off the engine. Then you are allowed to use your cell phone. However, simply stopping or putting the car in idle mode (e.g. in stop-and-go traffic or at traffic lights) is not enough. The vehicle must actually be turned off.
- As long as you are not using your phone at a red light and your cell phone is in a holder, the police will generally turn a blind eye. However, these are individual decisions that are at the discretion of the respective police officer. Exceptions also apply to using your cell phone to control vehicle functions such as navigation, provided that only a quick glance is required.